Parents are the natural guardians of their children until the age of 18. When a learner turns 18, the learner becomes responsible to make all decisions regarding his or her life unless a legal guardian or conservator has been appointed by the court. If a guardian or conservator has been appointed, please notify the IEP Manager. Parents will continue to receive any future notices required by state and federal laws and rules regarding the educational program of their child. Guardianship: the result of a court hearing that establishes the need to appoint an individual (guardian) to assume substitute decision making powers for another person (ward) who is not capable of exercising his/her own rights due to incapacity or incompetency. Powers over the individual include decision-making in areas such as where to live, consenting to medical procedures, and taking care of food, clothing and shelter. Conservatorship: someone who has powers over the estate of an incapacitated person-not powers over the individual. The incapacitated person in this case will be called a “protected person.” Arc of Minnesota in collaboration with the Public Guardianship Office of the Department of Human Services has created a Conservatorship/Guardianship manual for family members, attorneys, and interested others. The manual was designed to assist families who choose to file for conservatorship or guardianship without the assistance of an attorney; and for attorneys who would like to offer this service to families. The laws regarding conservatorship and guardianship do change from time to time, so if you have any questions or concerns you can contact: q Freeborn County Arc (507) 377-3469 q Arc of Minnesota 1-800-582-5256 q Public Guardianship Office (612) 296-3618
Guardianship / Conservatorship
Parents are the natural guardians of their children until the age of 18. When a learner turns 18, the learner becomes responsible to make all decisions regarding his or her life unless a legal guardian or conservator has been appointed by the court. If a guardian or conservator has been appointed, please notify the IEP Manager. Parents will continue to receive any future notices required by state and federal laws and rules regarding the educational program of their child.
Guardianship: the result of a court hearing that establishes the need to appoint an individual (guardian) to assume substitute decision making powers for another person (ward) who is not capable of exercising his/her own rights due to incapacity or incompetency. Powers over the individual include decision-making in areas such as where to live, consenting to medical procedures, and taking care of food, clothing and shelter.
Conservatorship: someone who has powers over the estate of an incapacitated person-not powers over the individual. The incapacitated person in this case will be called a “protected person.”
Arc of Minnesota in collaboration with the Public Guardianship Office of the Department of Human Services has created a Conservatorship/Guardianship manual for family members, attorneys, and interested others. The manual was designed to assist families who choose to file for conservatorship or guardianship without the assistance of an attorney; and for attorneys who would like to offer this service to families. The laws regarding conservatorship and guardianship do change from time to time, so if you have any questions or concerns you can contact:
q Freeborn County Arc (507) 377-3469
q Arc of Minnesota 1-800-582-5256
q Public Guardianship Office (612) 296-3618